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Wrongful medical discharge

Jellicoe

Badgeman
I am currently being pushed down the road to Medical Board Of Survey (booked in to appear quite soon), and have been advised discharge is likely. However, I don't believe proper process has been followed, or that there are sufficient grounds to make a decision (only a ballpark diagnosis exists - actually a range of tentative ideas in the same sort of medical area). There are some aspects of it which do not even stand up to basic logic. If I do get discharged, what can I do?
 

Dabtoe11

Badgeman
If you don't think proper process has been followed then see your D.O. before you appear before the medical board, if you are discharged, in their eyes you will have been discharged for a very good reason, no matter what you may think.
 

Jellicoe

Badgeman
If you don't think proper process has been followed then see your D.O. before you appear before the medical board, if you are discharged, in their eyes you will have been discharged for a very good reason, no matter what you may think.

Thanks, but I have. My DO agrees it's a bit mad.
 

Dabtoe11

Badgeman
Thanks, but I have. My DO agrees it's a bit mad.
If memory serves me well then your next step would be to request to see the Captain to state a complaint, this will be taken up with the Jimmy first and if he agrees with you it should then go to the Captains requestmen.
 

Jellicoe

Badgeman
If memory serves me well then your next step would be to request to see the Captain to state a complaint, this will be taken up with the Jimmy first and if he agrees with you it should then go to the Captains requestmen.

OK. I can do a Service Complaint, but it might prejudice the MBOS outcome if I am seen by them as a nuisance. That's why I was asking about post-discharge. I'll look into it.
 

Dabtoe11

Badgeman
OK. I can do a Service Complaint, but it might prejudice the MBOS outcome if I am seen by them as a nuisance. That's why I was asking about post-discharge. I'll look into it.
Post discharge would be too late, the deed would have been done.
 

Jellicoe

Badgeman
Post discharge would be too late, the deed would have been done.

You're right in a sense. It's a balance though of raising concerns proportionately, whilst not leaving it too late. It's not like the relevant parties are unaware of my concerns. Just that they largely take the line that "the MBOS will make the right decision no matter what". The MBOS could still make this all right, so any grievance will only become relevant if they decide not to.
 

Dabtoe11

Badgeman
There's no balance about it, you and your DO seem to think you are in the right, you may know more than what the MBOS will have been told so it's up to you to get your oar in first before they make any decision.
 

Jellicoe

Badgeman
There's no balance about it, you and your DO seem to think you are in the right, you may know more than what the MBOS will have been told so it's up to you to get your oar in first before they make any decision.

Alright. I'll take it to the CO to see if he thinks there's a case to answer. Thanks for the input.
 

Jellicoe

Badgeman
I'd have thought a representation rather than a complaint, would fit the bill. Nowt has happened yet.

I imagine the CO will advise if he thinks a representation is more suitable. I wouldn't quite say nothing's happened, just that it's still remediable and unclear whether I've been adversely impacted by the process.
 
It's probably pointless making a representation/ complaint if you're close to NSMBOS. Make sure you go in person and with your D.O. or someone else who can back you up in voicing your concerns. If outcome is negative then appeal the NSMBOS decision immediately. If you don't get any joy after that then you make sure you "shout out" before your actual discharge date. Good Luck!
 

cjg375

Lantern Swinger
Speaking from personal experience NMBOS is by no means one way traffic. You have paperwork you fill in prior to the board, including a personal statement and a form for your DO to complete. The board have all this well in advance. At the board, the 3 MOs are very approachable and listen to what you say, so make sure you put your case well in the written and oral submissions. They are not there to, nor have interest in, discharging for no valid reason or on incomplete information. Often the medical board will recommend retention with limitations and it is the Employability board the following week which discharges as the branch cannot sustain the limitations recommended.

Before hitting the representation or complaint button, ensure you complete the paperwork fully, honestly and positively, stating what your condition lets you do not what it stops you doing etc and you might be surprised at the outcome.

Also there is a pre-NMBOS briefing that you must get to if you want a decent outcome as it will give you much more information on the process and completing the forms than anyone can here.
 

busterbroon

Lantern Swinger
Aye the chap above me is spot on

If this is your first MBOS you have a minimum amount of time to appear before the board and it's something like 100 days minimum

I had 3 MBOS in my career and every outcome was to my satisfaction, unsure why you think raising a complaint may be in your detriment at the board, by saying that you are saying the 2 X surgeon commanders and the surgeon captain who normally is the president of the board will be unprofessional

In my view at every board they were above reproach and if you need guidance speak to your DO and take it further but don't listen to the lower deck lawyers who know know hee haw

Anyway good luck and I hope it turns out how you want
 
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